V.RATNAM
Sri Hari Babu Naidu – Appellant
Versus
S. Alamelu Ammal – Respondent
V. Ratnam, J.
1. This case has posed a problem in giving effect to Section 3 of the Tamil Nadu Agriculturists (Temporary Relief) Act, 1976. This section barred for a short duration, the institution of suits for recovery of debts from agriculturists. The petitioner in this civil revision petition was the defendant in a suit on a promissory note on the file of the Sub-Court, Cuddalore. The petitioner invoked Section 3 of the Act as a bar to the suit. The learned Subordinate Judge tried this issue as a preliminary issue. At the end of the inquiry, he held that the section did not apply to this case and posted the suit for further trial on the remaining issues. This decision is now questioned by the defendant in this civil revision petition.
2. At the hearing before me, there was little or no controversy as to the construction of Section 3 of the Act or even as to its application to the present case. The parties were at variance only on the manner of giving effect to the provision in the context of the present case.
3. As earlier indicated, Section 3 of the Act imposed a moratorium on the recovery of debts by Court process. The section, as amended, read as under:
3. Bar of Suits and a
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